Daily Yellowstone journal., 1887-04-05
Tuesday, April S, 1887.

WHEN the decision of the supreme
court of the United States in the Ten
nessee case relating to commercial
travellers licenses, was promulgated,
1t was readily recognized by all ress'
oning men, rs well rs those peculiarly
versed in the law, to apply with rs
much force to Montana rs To the Ten
nessee district whence IL was carried
up. The commercial travellers took
advantage OF il immediately aud few,
IL any OF them, have paid llcen-e
since. However, a test case was rec.
essary to settle the question aud Jane.
L. Rhodes. III iron and steel agent
from the east put himselfin the breach
and committed such over acts in vio-
lation of the territorial license law as
permitted County Treasurer Baldwin
TO lay complaint against him. He
was taken into custody and Billiard Il
Barbour, his attorneys, Immediately
obtained a writ of habeas corpus from
Judge Wade. After "a hitch that re-
suited IL postponement for n day, the
prisoner WAS brought before Judge
Wade yesterday and argued pro aud
con adduced from the petition upon
which the writ il based. County At
torney Wallace appeared in defence
of the territorial law, In pursuance
Of his official duties. The defence
merely cited the decision in the Ten
nessee case, aud argued the applicable
ity to Montana. Judge Wade prom
pity and briefly decided that the de-
cision did so apply and that under its
terms the territorial license law Ms IL
effects drummers from, other states
and territories is an infringement upon
the constitutional right Of Congress Ia
regulate interstate commerce and
therefore invalid. He therefore
ordered that the prisoner be
discharged, and will doubtless adopt
the same course with all similar
cases brought before him. or course
his decision is lot final. ms a right OF
appeal lies TO the supreme court of the
territory, but it is somewhat doubtful
II this routine Is gone through, as the
United States supreme court decision
appears very clear and irrefutable in
Its application to the Montana law.
The best lawyers in the city say that
il is only remarkable that the result
has not been attained before. They
point out tina, il II state or territory
has a right to levy a tax of ever so
little upon a commercial traveller from
st. Paul, for Instance, IL has AS much
right to impose upon him n tax OF IA
million dollars "A year, or, IN other
words, Ia prohibit him from doing
business within the boundaries of the
political division ~enscting the law.
The law. however small the tax im-
posed, Is a restriction upon Interstate
commerce aud therefore at variance
with the powers expressly delegated
to Congress by the constitution. But
though this decision has been made as
TO drummers from other states and
territories il does not affect Montana
statesmen. The travelling agent Of n
Helena firm, while he i. in the teri.
ritory must comply with territorial
law, for no one doubts the right Of q
territory TO regulate lis internal
affairs and impose upon It's W people
or their property such local taxes As II
may choose. The agent Of n Helena
firm must pay s25 per quarter to sell
goods in Jefferson county or 10 any
other county, while his friend from
Portland, or Salt Lake, or st. Paul, or
San Francisco can travel with him
and pay not a cent OF license. Nice
state Of affairs, isn't II but that Is the
law.-Helena Independent.